NICASTRO LAW, L.L.C.

GETTING CONTROL OF THE ESTATE

APPOINTMENT OF EXECUTOR OR EXECUTRIX

APPOINTMENT OF THE ADMINISTRATOR OR ADMINISTRATRIX

PREPARING AND FILING THE INVENTORY

PREPARING AND FILING THE FINAL ACCOUNTING

REPRESENTATION ON WILL CONTESTS

COMPLETE REPRESENTATION FOR PROBATE MATTERS

LIMITED REPRESENTATION FOR THE ESTATE PROBATE MATTERS

Do you need a very Good Probate Attorney?  We are Boston Probate Attorneys.  Though we are in the Community of Roslindale acting as Roslindale Estate Attorneys, our practice extends to outside the local community, as many of our clients come from the surrounding areas.  Though right on the  West Roxbury line, we are about a mile from  Brookline, and close to Newton, Jamaica Plain, Hyde Park, and Chestnut Hill.  As a Probate Lawyer, We can assist you with any of these matters either by completing the probating of the estate in full or in the event you would like to save the cost of an attorney doing everything, we could offer you limited representation by getting you to the point of being appointed as the fiduciary of the estate, at which time the probate and family court, will issue a letter certifying your appointment.  We can then stay on to advise you as you complete the process.

Free Consultations

Please do not  hesitate to call us for a free legal consultation.  We are conveniently located in Roslindale, on the West Roxbury line.

For Your Convenience, We Have Added the Following Payment Options and Payment Plans:

A significant other has died and you need to get control of the checking account or the assets or pay the bills.  What to do first?

They say that nothing is more certain than death and taxes.  It is not a matter of "if" but a matter of "when" will this happen.  The loss of a loved one is a very emotionally and physically life changing event that the survivors carry with them for the rest of their lives.  One day is the first day.  What should you do when this happens to your loved one.

These are questions, the answers of which, we can help you with.  Much of it depends on your relationship to the deceased.  If you are the next of kin, it is important to know if your loved one died with or without a Will, which Will directs you as to what that one's wishes were.

When time to probate an estate, the first thing you will need to determine is if the deceased died with or without a valid Will. If the deceased died with a Will, then the Will should be read to find out who the named executor or executrix is in the Will.

In most cases, you or the next of kin, or their lawyer, will file a petition for an appointment for the named executor or executrix if the deceased died with a valid Will. 

It is very helpful to have a good Probate Attorney, as a Probate lawyer, can advise you as to the specific nuances in the probate law.

If the deceased died "intestate", which is what is called when a person dies without a Will, you may file an appointment for an administrator.  Which is the term used to identify the person who is acting to administer the estate according to the rules of intestacy.  

Both of these types of petitions are filed at the Probate Court in the county where the deceased was living at the time of death. 

After the petition is filed, the court will require certain things to be done; and then will make a decision whether or not the person named in the Will shall become the executor or whether or not the person requesting appointment as the administator, shall become the administrator.

Much of this depends on whether or not the other heirs contest or file objections to the petition for appointment, in which case, the court may call a hearing on the matter.

As stated, if there was no valid Will, then a petition to appoint an administrator of the estate will be filed; and it is handled in much the same way as it is done in the paragraph above.

Once the petition is allowed, a Certified Letter of Appointment of the Fiduciary is sent by the probate court to the Fiduciary, either as Executor or Administrator.

At this time receiving court authorization, the one acting as Fiduciary, can take control of handling the estate matters, gathering information for filing the Inventory, notifying the appropriate persons, paying the creditors, and distributing the remaining proceeds to the correct beneficiaries according to the Will or the laws of Intestacy in the event there was no Will. Then the Final Account of the Fiduciary, should be allowed by the court, barring any unforseen contests by family members.  In any event, the account will not be allowed unless and until all liens, filed by creditors against the estate including tax liens, liens from medicaid or nursing home liens, are all paid off and a release is sent to the probate court.